RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER TWOAPPLICATION OF CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Special Requirements for Criminal Prosecution for Offences Committed AbroadArticle 10

(3) In case referred to in Article 9 paragraph 2 hereof, if the act at time of commission was considered a criminal offence under general legal principles of international law, prosecution may be undertaken in Serbia following the permission of the Republic Public Prosecutor, regardless of the law of the country where the offence was committed.

GENERAL PART

CHAPTER THIRTY FOURCRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Genocide Article 370

Whoever with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such, orders killing or causing serious bodily or mental harm to members of the group, or deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in whole or in part, or imposes measures intended to prevent births within the group or forcibly transfers children of the group to another group or who with same intent commits one of the aforementioned acts,shall be punished by minimum five years imprisonment or thirty to forty years' imprisonment.

GENERAL PART

CHAPTER THIRTY FOURCRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Organising and Incitement to Genocide and War Crimes Article 375

(1) Whoever conspires with another to commit any of the crimes specified in Articles 370 through 374 hereof,shall be punished by imprisonment of three months to three years.

(2) Whoever organises a group to commit the criminal offences specified in Article 1 of this Article,shall be punished by imprisonment of five to fifteen years.

(3) Whoever organizes an organized crime group for the purpose of committing criminal offences referred to in paragraph 1 hereof shall be punished with imprisonment of minimum five years.

(4) Whoever becomes member of a group specified in paragraph 2 of this Article, shall be punished by imprisonment of one to eight years.

(5) Whoever becomes a member of an organized crime group referred to in paragraph 3 hereof shall be punished with imprisonment of two to ten years.

(6) Punishment may be mitigated for The offender referred to in paragraphs 1, 4, and 5 hereof provided he reveals the conspiracy, a group, or an organized crime group prior to having committed a criminal offence as part of the group or on behalf thereof or for the offender referred to in paragraphs 2 and 3 hereof provided he prevents the commission of criminal offences referred to in paragraph 1 hereof.

(7) Whoever calls for or incites to commission of offences specified in Articles 370 through 374 hereof, shall be punished by imprisonment of one to ten years.

RELEVANT ROME STATUTE PROVISIONS

Article 5Crimes within the jurisdiction of the Court1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to theinternational community as a whole. The Court has jurisdiction in accordance with this Statutewith respect to the following crimes:(a) The crime of genocide

Article 6GenocideFor the purpose of this Statute, "genocide" means any of the following acts committed withintent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:(a) Killing members of the group;(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about itsphysical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.